Dentist suing me

[webhead2]

What is the name of your state (only U.S. law)? South Carolina

On 5/29 I received treatment from a dentist in the amout of $850.

I was sent no pre-bill before my appointment. I had no way of knowing what would be due.

On 6/23 the dentist office claimed insurance claim was denied.

On 6/24 they filed a civil action for the amount of $1026.

On their "bill" the last two lines read.

Collections**************$35
Court Costs......$80

How can they charge for both on the same day?

On 7/10/08 my insurance company mailed them a check for more than 50% of the balance.

I was served at work.

I hope to file an answer and counterclaim. I would like to sue for infliction of emotional distress and frivilous ligitgation.

My defense would be that not even 30 days had lapsed, collections and court costs is ambiquous, insurance company paid more than 1/2, and this has caused me emotional distress.


What is the maximum I can sue for emotional distress and frivilous mitigation?

 

[clch]

Instead of wasting your time trying to be clever, why not just pay your balance? I doubt (without knowing the law of your particular state) that you'd have a leg to stand on in terms of quantifiable emotional damages (have you become dysfunctional? gone into therapy over the experience? been institutionalized), and the frivolous litigation? Anxious, perhaps, but not frivolous - you acknowledge owing for the services provided, right?

Geez.

 

[webhead2]

I believe it is ethically wrong to do what they are doing.

If I can find a legal way to teach them a lesson then I will.

I will be filing counterclaim by any legal means possible.

People need to learn that when they mess with the law, they open up a whole can of worms. I am an individual, they are a business. They have much more at stake than I do.

There's no real legal advice to be found here. Just opinions.

 

[webhead2]

Instead of wasting your time trying to be clever, why not just pay your balance?
Geez.

That's what I had planned to do, but since I didn't know what my balance was it would be kind of difficult. They didn't even give the insurance company time to pay the freaking thing, as I informed them the issue with denial of benefits was being resolved.

Not to mention that their rush to judgement cost me even more money.

 

[Zigner]

I believe it is ethically wrong to do what they are doing.

If I can find a legal way to teach them a lesson then I will.

I will be filing counterclaim by any legal means possible.

People need to learn that when they mess with the law, they open up a whole can of worms. I am an individual, they are a business. They have much more at stake than I do.

There's no real legal advice to be found here. Just opinions.

You have been watching too much TV.
You have no claim for anything against them. Call them and ASK for the balance on your account. Then, PAY IT.

 

[webhead2]

You have been watching too much TV.
You have no claim for anything against them. Call them and ASK for the balance on your account. Then, PAY IT.

No thanks. I will counterclaim and appeal all day. My balance is more than what it should be, in case you haven't noticed, I am disputing that.

They want ligitgation? They got it.

If a judgment is ever filed, I promise you they will never see a dime of it.

 

[Zigner]

No thanks. I will counterclaim and appeal all day. My balance is more than what it should be, in case you haven't noticed, I am disputing that.

They want ligitgation? They got it.

If a judgment is ever filed, I promise you they will never see a dime of it.

Spoken like a true deadbeat - congratulations!

 

[Country Living]

If you read his other posts, he's always the victim. It's never his fault. He doesn't see the logic in making that one phone call that could have alleviated all his pain and suffering.

He either has
(a) Way too much time on his hands
(b) Wants a way to get a whole bunch of "free money"
(c) Has significant logic-check failure
(d) Anger management issues.
(e) All of the above

 

[caslerst]

If you read his other posts, he's always the victim. It's never his fault. He doesn't see the logic in making that one phone call that could have alleviated all his pain and suffering.

He either has
(a) Way too much time on his hands
(b) Wants a way to get a whole bunch of "free money"
(c) Has significant logic-check failure
(d) Anger management issues.
(e) All of the above

While this may be true he might also be correct. I read (and unfortunately cannot remember what site it was on to link to it but it was on the internet so it must be true) that it is illegal for doctors to double bill.

If they submit a claim to the insurance company they have to allow time for the company to respond before they bill the customer for the remainder. They can't send a bill for the full amount to both at the same time. Like I said, it might not be true in all states, or any, it's just what I read.

 

[Zigner]

If you read his other posts, he's always the victim. It's never his fault. He doesn't see the logic in making that one phone call that could have alleviated all his pain and suffering.

He either has
(a) Way too much time on his hands
(b) Wants a way to get a whole bunch of "free money"
(c) Has significant logic-check failure
(d) Anger management issues.
(e) All of the above

The funny thing is that I didn't read ANY of his other posts to come to my conclusion!

 

[Country Living]

The funny thing is that I didn't read ANY of his other posts to come to my conclusion!

Mary would slap my hand if I put that conclusion on the list.

 

[applecruncher]

I was sent no pre-bill before my appointment. I had no way of knowing what would be due.

Yes you did. You could have asked. "'pre-bill"? What the heck is that?

This is sounding flakey because most people ask what a service is going to cost, esp something like dental and then they will know if ins (if they have it) is going to pay a portion (or all), or if they will have to pay out of pocket and they can plan accordingly.

OP, you really have been watching too much TV. You're acting like some crusader who is going to take it all the way to the Supreme Court. Please.

 

[CourtClerk]

I'm surprised that no one has caught that you can't sue for intentional infliction of emotional distress in a contracts case and as there really is a balance due, there is no frivilous litigation, except, maybe by the OP himself.

 

[wyett717]

Why did you even ask your question? You clearly had your plan of action in mind from the get-go. Looking for reinforcement??? Keep looking.